12
AN ACT concerning governmental ethics; relating to
certain violations;
13 amending K.S.A. 46-215
and 46-277 and repealing the existing
14 sections.
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 New
Section 1. K.S.A. 46-215 through 46-293 and K.S.A. 1997
Supp.
18 46-237a and sections 4 and 5, and
amendments thereto, shall be known
19 and may be cited as the state governmental
ethics law.
20 Sec. 2. K.S.A.
46-215 is hereby amended to read as follows: 46-215.
21 As used in K.S.A. 46-215 to 46-280,
inclusive, and any amendments
22 thereto, and K.S.A.
46-248athrough 46-293 and K.S.A. 1997 Supp.
46-
23 237a and sections 4 and 5, and
amendments thereto, unless the context
24 otherwise requires, the words and terms
defined in K.S.A. 46-216 to
25 46-231, inclusive, and any
amendments thereto, shall have the meanings
26 therein ascribed thereto.
27 Sec. 3. K.S.A.
46-277 is hereby amended to read as follows: 46-277.
28 (a) No act, action or conduct of any
person shall constitute a violation of
29 this actthe state
governmental ethics law which is actionable by complaint
30 before the commission, or by
criminal complaint, unless such person knew
31 orreasonably should have
known[acted with reckless disregard as to
32 whether]thatsuch act, action or
conduct is intentionally violative of a
33 provision of this act or
intentionally violative of more than one
provision
34 of this actthe state
governmental ethics law.
35 (b) No act, action or
conduct of any person shall constitute a violation
36 of this act which is actionable by
criminal complaint unless such act,
37 action or conduct is intentionally
violative of a provision of this act or
38 intentionally violative of more than one
provision of the state govern-
39 mental ethics law.
40 New Sec. 4. (a) A
person is responsible for a violation of any provi-
41 sion of the state governmental ethics law
by another if such person in-
42 tentionally aids, abets, advises, hires,
counsels or procures the other to
43 commit the violation.

Sub. HB 2654--Am. by S

2

1 (b) A person
responsible under subsection (a) also is responsible for
2 any other violation of any provision
of the state governmental ethics law
3 committed in pursuance of the
intended violation if the violation reason-
4 ably is foreseeable by such person as
a probable consequence of com-
5 mitting or attempting to commit the
violation intended.
6 (c) A person
responsible under this section may be charged with and
7 found to have violated any provision
of the state governmental ethics law
8 although the person alleged to have
directly committed the violation
9 lacked criminal or legal capacity or
has not been found to have violated
10 any provision of the state governmental
ethics law.
11 (d) Any person found
responsible under this section shall be subject
12 to the same penalty, fine, forfeiture or
prosecution as for the underlying
13 violation.
14 (e) The provisions of
this section shall be subject to interpretation
15 and enforcement by the Kansas commission on
governmental standards
16 and conduct in the manner provided by the
state governmental ethics
17 law.
18 New
Sec. 5. (a) A conspiracy is an agreement with another
person
19 or persons to commit a violation
of any provision of the state govern-
20 mental ethics law or assist in
committing a violation of any provision of
21 the state governmental ethics
law. Conspiracy under this section requires
22 that an overt act in furtherance
of such conspiracy be committed by the
23 person or by a
co-conspirator.
24 (b) It shall
be a defense to an allegation of conspiracy that the
accused
25 person voluntarily and in good
faith withdrew from the conspiracy, and
26 communicated the fact of such
withdrawal to one or more of the accused
27 person's alleged
co-conspirators, before any overt act in furtherance
of
28 the conspiracy was
committed.
29
(c) Violations of this section are punishable by civil fine as
provided
30 by K.S.A. 46-288, and amendments
thereto.
31 (d) A
conspiracy to violate any provision of the state
governmental
32 ethics law is a class B
misdemeanor.
33 (e) The
provisions of this section shall be subject to
interpretation
34 and enforcement by the Kansas
commission on governmental standards
35 and conduct in the manner
provided by the state governmental ethics
36 law.
37
Sec. 65. K.S.A.
46-215 and 46-277 are hereby repealed.
38
Sec. 76. This act
shall take effect and be in force from and after its
39 publication in the statute book.
40